Legal Opinion

SPRING LAKE PROPERTY OWNERS ASSOCIATION, INC. v. Peacock

Supreme Court of Georgia

Decided April 5, 1990No. S90A0100PublishedCited by 33 opinions

1Opinion of the Court

Clarke, Chief Justice.

The single issue in this appeal is whether the court erred in not granting appellant a directed verdict, judgment notwithstanding the verdict, or new trial on the award of attorney fees to plaintiffs/appellees.

The parties agree that the only basis for an award of attorney fees in this case is OCGA § 13-6-11. This section provides for an award of attorney fees against a defendant who has 1) acted in bad faith, 2) been stubbornly litigious, or 3) caused plaintiff unnecessary trouble and expense. Defendant/appellee Spring Lake Property Owners Association, Inc. (hereinafter…

2Cases cited2 opinions

  1. Brannon Enterprises, Inc. v. DeatonCourt of Appeals of Georgia · 1981
  2. Fuller v. MoisterSupreme Court of Georgia · 1981

3Cited by33 opinions

  1. Arford v. BlalockCourt of Appeals of Georgia · 1991
  2. Pulte Home Corp. v. Woodland Nursery & Landscapes, Inc.Court of Appeals of Georgia · 1998
  3. R. T. Patterson Funeral Home, Inc. v. HeadCourt of Appeals of Georgia · 1994
  4. Southern Co. v. HamburgCourt of Appeals of Georgia · 1996
  5. Home Insurance v. WynnCourt of Appeals of Georgia · 1997

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